Expired Class Action Settlements

PROVIGIL GENERIC DELAY CLASS ACTION SETTLEMENT

PROVIGIL GENERIC DELAY CLASS ACTION SETTLEMENT

A proposed Settlement has been reached in a lawsuit regarding the price that individuals in 48 states and the District of Columbia paid for Provigil® and generic versions of Provigil® (modafinil). The lawsuit asserts that Defendants Cephalon, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., and Barr Pharmaceuticals, Inc., (collectively referred to as “Defendants”) violated antitrust laws relating to the sale of the prescription pharmaceutical Provigil®. All Defendants have denied any wrongdoing.
A settlement has been reached between Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming (collectively, the “Plaintiff States”) and Defendants in the Lawsuit.
No question is raised about the safety or effectiveness of Provigil® or generic versions of Provigil® (modafinil).
The settlement provides a cash payment of $35 million to be paid to individual consumers in the Plaintiff States.
If you purchased Provigil® and/or generic versions of Provigil® (modafinil) between June 24, 2006 and March 31, 2012, you may be entitled to a payment from the Settlement Fund. If you purchased Provigil® and/or generic versions of Provigil® (modafinil) through July 28, 2016, your rights will be affected, whether you act or don’t act.
Who’s Eligible

Eligible Class Members include:

“All persons residing in the states of Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming and the District of Columbia who purchased and/or paid for Provigil or generic versions of Provigil (modafinil) for consumption by themselves or their families during the period from June 24, 2006 through March 31, 2012.”

You “purchased and/or paid for” if you paid some or all of the cost of the drug. If insurance did not pay for the whole amount of the drug, you are included. Specifically, you purchased and/or paid for Provigil or generic versions of Provigil (modafinil) if you were:

  • An uninsured consumer who paid all of the purchase price of the prescription; or
  • An insured consumer who made a co-payment or other partial out-of-pocket payment, or paid the entire cost because you had not met a deductible amount under your health plan.

Residents of Louisiana and California are not included.

Persons that purchased Provigil or generic versions of Provigil (modafinil) for purposes of resale or made purchases directly from the defendants are not included.

If you are still not sure whether you are included, you can get more information by calling or writing the Claims Administrator.

Potential Award

Varies.

A $35 million settlement fund will be established. Consumers’ recovery will be calculated based on how much you paid for Provigil and generic versions of Provigil (modafinil) from June 24, 2006 through Mar. 31, 2012, compared to the amount paid of all other consumers who file valid and timely Claim Forms.

The method in which your recovery amount will be calculated is detailed in the Plan of Allocation.

Proof of Purchase

N/A

Claim Form Deadline

4/13/2017

Case Name

State of New York, et al. v. Cephalon Inc., et al., Case No. 2:16-CV-4234, in the U.S. District Court for the Eastern District of Pennsylvania

Final Hearing

7/25/2017

Claims Administrator

State AG Provigil Settlement
c/o A.B. Data, Ltd.
P.O. Box 173026
Milwaukee, WI 53217
1-877-236-1413
Email: [email protected]

Remember to include “State AG Provigil Settlement” on any correspondence, envelope, and/or subject line.

Class Counsel

Mitchell L. Gentile
Brian F. Jordan
OHIO ATTORNEY GENERAL’S OFFICE – ANTITRUST SECTION

Defense Counsel

Joseph Wolfson
STEVENS & LEE
Counsel for Cephalon Inc. and Teva Pharmaceuticals Inc.

How Class Actions Work

Follow these simple steps to claim the money you are owed

Step 1: Find What Your Owed

See if you are among the members of the class that are receiving damages from the alleged wrongdoers.

Step 2: Gather Materials

Gather any required information to submit with your claim. Luckily, many class actions do not require receipts or proof of purchase.

Step 3: Submit Your Claim

Each settlement provides claim instructions to the public. Follow the links on this site to find them and complete the forms.

Step 4: Cash Your Checks

You should receive your checks, coupons or replacements in the mail or electronically shortly.

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